Articles Posted inCar Accidents

We all know the dangers of texting and driving, yet more and more American drivers are failing to take them seriously. In fact, a recent AAA study revealed that distracted driving is now the number one danger on American roadways, followed by aggressive driving, and drunk/drugged driving. Many experts blame it on our “productivity culture,” saying the pressure to respond to texts, emails and calls right now is making us more distracted, and less safe.

To reduce this rapidly-growing threat to public safety, we need more than just billboards and ad campaigns. Drivers must understand what happens—to their brains—when they drive while distracted. Taking your eyes off the road to glance at a text impacts more than just your line of vision. Reading that text is a visual distraction, yes, but it can also be a cognitive distraction. A Boston car accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Categories of Distraction

There are three main types of distraction: manual, visual, and cognitive. Manual and visual are fairly straightforward—you take your hands off the wheel to adjust the stereo, or you take your eyes off the road to read a text. But there’s a third kind of distraction, and this one gets a bit more complicated. When a driver takes his/her attention off the task at hand—driving—he/she may experience inattention blindness, which is the inability to perceive critical driving cues due to cognitive distraction (a.k.a. “zoning out”).

Although inattention blindness can occur at any time, it’s more common following a manual or visual distraction. As a result, even after you’ve read that text and returned your eyes to the road, your mind may be too distracted to notice that the car ahead of you is braking, or that an animal is about to run into the road.

What About Fatigue?

And zoning out doesn’t only occur when a driver is texting or taking his/her hands off the wheel. Fatigue is another leading cause of distraction because it also contributes to inattention blindness. Combined with other distractions, such as reading a text or taking a sip of coffee to stay awake, fatigued driving is particularly dangerous. A MA car accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

Distracted Driving Statistics

The consequences of distracted driving are often devastating. In 2016, 3,450 people were killed and 391,000 were injured in distracted driving-related motor vehicle accidents. Considering that during the day, more than 480,000 people are estimated to be using cell phones while behind the wheel, these statistics aren’t particularly surprising.

And distracted driving doesn’t only involve cell phones. Anything that takes the driver’s eyes, hands, or mind off the task of driving is considered to be a distraction. This includes everything from adjusting the stereo or navigation system, to eating, drinking, or applying make-up. Continue reading

When an Uber SUV in self-driving mode struck an Arizona pedestrian in March, it was the first fatal crash of its kind. But it was far from the only accident involving an autonomous vehicle. In fact, such accidents have dominated the headlines in recent months, raising questions about the safety of self-driving technologies.

How Do Autonomous Vehicle Computers Work?

There are three different modules in the computer systems used to operate self-driving cars—the perception module, the prediction module, and the response module.

The prediction module determines how these objects are likely to “behave.” For example, is the truck ahead going to switch lanes?

The response model uses the information above to determine the most appropriate response. For example, should the autonomous vehicle accelerate, decelerate, or change lanes?

These technologies are currently being tested on public roadways in states across the nation. Arizona’s dry climate has played a major role in its becoming a hot bed for testing self-driving vehicles (which still perform better on dry roads). But Arizona’s loose laws and regulations concerning self-driving vehicles may see some changes now that someone has been killed. A Boston car accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

So, what actually caused the Uber self-driving crash that killed an Arizona woman this spring?

According to Sebastian Thrun, the Stanford professor who formerly led Google’s autonomous-vehicle department, the most challenging of the three modules mentioned above is perception. Although bicycles, pedestrians, and other vehicles are relatively easy to identify, rarely-seen objects (think of a plastic bag floating across the road) pose a problem. Thrun says that when Google first began testing autonomous vehicles, its “perception module could not distinguish a plastic bag from a flying child.”

Confused Computer

The National Transportation Safety Board (NTSB) investigated the Arizona accident, and determined that the autonomous Uber’s computer system failed to identify Elaine Herzberg as she walked across the road with her bicycle. Her presence was detected six seconds prior to the crash, but the perception module identified her first as an unknown object, then as a vehicle, and then as a bicycle, with a path the system was unable to predict. A MA car accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

According to the NTSB report, at 1.3 seconds before the crash, the computer system recognized the need for emergency braking, but the emergency braking had been disabled due to a potential conflict with the autonomous system. In such an event, the human driver is expected to react. Unfortunately, the safety operator was looking at the self-driving display screen at the time of the accident, and was unable to brake in time.

It was determined that, although the Arizona accident had multiple causes, the fault ultimately lies in the system’s design failure. The AV system should slow down, for example, if the perception module becomes confused. Of course, unexpected braking can have its own consequences. Confused self-driving vehicles have been rear-ended by human drivers when they slowed down unexpectedly. In fact, this is the exact reason why the responsibility of braking has been officially assigned to human safety operators, who are tasked with being the safety net when the AV system malfunctions or gets confused. In order for this to work, however, the human driver must be paying attention to the road as closely as the driver of a non-autonomous vehicle. Continue reading

Uber and other ride-sharing services have completely changed the landscape of transportation in Boston and millions of other locations across the globe. For the most part, Uber has provided a loved, and much needed service. But the company has also attracted a lot of negative press in recent months and years. Numerous scandals, controversies, and lawsuits have people questioning Uber’s safety and morals.

Now a woman is suing Uber and her driver for injuries she suffered when her driver ran a red light, causing a serious accident. According to Jimena Martinez’s lawsuit, Ricardo Melendez II was distracted by his smart phone at the time of the accident. As a result, he ran a red light and was t-boned by a 16-year-old driver. A Boston car accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Martinez claims that she suffered head trauma, a joint separation in her shoulder, and multiple abrasions in the accident. And according to the police report, the driver’s distraction was the primary factor in the crash. But Martinez blames more than just the driver. She believes that Uber is guilty of gross negligence for encouraging its drivers to routinely look at and touch their smart phones while driving.

Is Uber Encouraging Drivers to be Negligent?

Martinez’s lawsuit alleges that Uber requires drivers to mount their phones on the vehicle’s dashboard to better see and respond to ride requests. When a request comes in, drivers have a mere 15 seconds within which to tap the phone, thus accepting the fare. It is not difficult to see how this system could contribute to distracted driving. Few, if any, drivers are going to pull over to a safe location before responding to these time-sensitive requests. And with more and more Uber drivers on the road, this problem is not just an inconvenience.

Although Martinez is seeking more than $1 million in damages, she has requested that the jury make a determination on the exact amount. According to her lawyer, Martinez’s medical bills are already in excess of $80,000. In addition, she had to quit her job and drop out of college due to her injuries. A MA auto accident lawyer can help you protect your rights if you’ve been injured in a motor vehicle crash.

Distracted Driving Statistics

The reality is, the case above highlights a problem that is much bigger than Uber, Lyft, and other ride sharing apps. Distracted driving continues to be one of the primary causes of motor vehicle crashes across the country. In fact, 3,450 people died as a result of distracted driving in 2016 alone.

Of the 2.5 million people car accidents that occur annually in the United States, about 1.6 million involve a cell phone.

Texting while driving contributes to more than 330,000 serious injury accidents annually.

One out of every four accidents involves texting.

Your chance of having an accident while texting is six times greater than if you were drunk driving.

Distracted driving involves more than just texting and talking on the phone; adjusting the stereo system, navigating, eating, and applying make-up are all forms of distraction.

Now that backup cameras have been a common feature in new vehicles for several years, research is underway to determine whether they are actually saving lives. The Los Angeles Times recently reported that, “Despite the growing prevalence of backup cameras, federal data shows that this technology hasn’t significantly cut down on cars backing into people and causing them harm.”

According to the National Highway Traffic Safety Administration (NHTSA), between 2008 and 2011, the percentage of new cars with backup cameras installed spiked from 32 percent to 68 percent. During that same time period, back-over injuries only dropped less than eight percent, from 13,000 to 12,000. A Boston motor vehicle accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Fatal back-over accidents, however, have decreased more significantly. The Los Angeles Times reported that, “The fatality rate has improved somewhat, dropping 31% over the same period.” Even so, back-over fatalities are actually quite rare. Deaths caused by a vehicle moving in reverse fell from 274 to 189 during the three-year period between 2008 and 2011. The article did not indicate how many of these accidents involved a backup camera, if any.

When you ask someone who uses a backup camera if they think it’s effective, most say “absolutely!”. There is no doubt that they can improve the driving—and parking—experience. Obviously, avoiding hitting another car, pedestrian, or bicyclist is the main goal of a backup camera, but they also help us avoid backing over a bicycle left in the driveway by one of our kids, or a dog that decides to run behind the car.

Backup Cameras Will Soon be a Requirement

As of May 2018, all new vehicles weighing at least 10,000 pounds will be required to have a backup camera. According to the NHTSA, these cameras can prevent serious injuries and deaths, especially among small children. Even though—according to Autotrader—only 200 people die in back-over accidents each year, at least 14,000 suffer injuries. Backup cameras can all but eliminate these accidents. A MA car accident attorney can help you recover damages if you’ve been injured by the negligence of another.

“Deaths from back-over crashes thankfully are pretty rare, but they still are tragic,” said the vice president of research at the Insurance Institute for Highway Safety (IIHS), Jessica Cicchino. “We know that rear cameras can help, but they’re not a silver bullet.”

The Most Effective Vehicle Safety Features Available Today

Backup cameras aren’t the only vehicle safety feature reducing serious injuries and deaths. The following features are touted by the United Services Automobile Association (USAA) as being among the most effective.

Lane-keep assist

Electronic stability control

Adaptive cruise control

Adaptive headlights

Collision warning system

Active park assist

Drowsiness alert

360-degree camera

“The movement toward autonomous vehicles – self-driving cars – has brought high-tech safety features to today’s cars, too,” said USAA’s director of property and casualty loss prevention and safety programs, Jim Clifford. “Many of the groundbreaking advances in the area of car safety have come from these efforts.” Continue reading

A side impact collision is commonly referred to as a T-bone or broadside accident. It occurs when one vehicle hits the side of another vehicle, usually at a 90-degree angle. Unfortunately, these types of crashes often result in serious injuries or fatalities. Distracted driving and failure to yield are two of the most common causes of side-impact collisions. But who is at fault when a T-bone accident occurs?

Negligence is often a factor in side impact collisions. However, in order to obtain compensation for injuries and property damage, the plaintiff in a car accident case must be able to show that the other driver breached his duty to act with care while driving, and that the breach caused actual damages. A Boston motor vehicle accident attorney can help you determine how to proceed if you’ve been injured due to another driver’s negligence.

Tips to Follow After a Side Impact Collision

For the most part, side impact accidents should be handled like any other motor vehicle accident, with some minor exceptions.

Exchange information with the other driver; get their insurance information, name, address and phone number.

Ask any witnesses for their contact information.

Document any injuries and damage to your vehicle by using your cell phone’s camera to take pictures from as many angles as possible.

Do not speak with the other driver’s insurance company. The only people you should speak to about the accident are your attorney and your

When a side impact collision occurs, it may be unclear who is at fault; skid marks are often highly useful in determining fault. Photograph any skid marks, as well as the scene of the accident; snap pictures of street lights and signs, trees that may have been blocking visibility, the atmosphere (is it foggy or raining hard?), icy or wet spots on the road, and any debris.

Use Extra Caution in Intersections

Many T-bone accidents occur at intersections, and they often involve secondary crashes as the force of a broadside collision can push a vehicle into oncoming traffic. Because there is very little buffer in a side impact collision (no engine or trunk to cushion the blow), this type of motor vehicle accident is often fatal. In fact, about 8,000 people are killed in side impact crashes annually. A MA auto accident lawyer can help you recover damages if you’ve been injured due to another driver’s negligence.

Memories Fade

Determining fault in a T-bone collision may seem an easy task, but that’s not always the case. Even if the driver broadsided a vehicle at high speeds, the other driver may have driven through a red light or stop sign, causing the accident. That is why witness information and photographs are so important. Not to mention, memories fade. Without documentation obtained and recorded immediately following the accident, your memory of that day’s events will become foggier with each passing day. This is one of the reasons that car accident statutes of limitation are so short. Continue reading

When we think about motor vehicle accidents in Boston, we typically imagine high-speed collisions that occur on the interstate or other roadways. But believe it or not, about 20 percent of auto insurance claims are actually related to accidents that occur in parking lots. The Independent Insurance Agents and Brokers Association conducted a study on parking lot accidents, and found that the main contributing factors are distraction and low visibility. Add snow and ice to the mix, and you have a recipe for disaster.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 92,000 people were injured in non-traffic motor vehicle accidents between 2012 and 2014. About 1,900 more were killed. Of those injured and killed, approximately a third were cyclists or pedestrians. A Boston auto accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Causes of Parking Lot Accidents

Parking lot accidents can occur year round, but they are most prevalent during winter months when snow and ice create hazardous conditions. The most common causes of parking lot accidents include:

Poor parking lot maintenance

Traffic congestion (especially during the holidays)

Distracted drivers

Vehicles backing out

Lack of enforcement of traffic laws

Tips to Prevent Parking Lot Accidents

The following tips will help you avoid being injured or killed in a parking lot accident. With an increase in parking lot chaos during the holidays, it’s especially important to use extra caution at this time of year. Simply looking both ways before you cross a road or intersection can save your life.

Avoid walking down the center of a parking lot aisle. Keep to the side and watch for cars at all times.

When walking in a parking lot in winter, wear non-slip footwear, such as boots or attachable treads.

NEVER talk on the phone, text, or send emails while you are walking through a parking lot. Keep your head up at all times.

If a vehicle is approaching you, make eye contact with the driver. Don’t assume they can see you.

Adjust your mirrors, stereo, and buckle up before you pull out of your parking space.

Parking lot speed limits signs and lane designations are put there for a reason. Don’t speed or cut across lanes.

Stop at a parking lot stop sign just as you would a roadway stop sign.

Keep in mind that a thick blanket of snow muffles sounds.

Be on the lookout for snow blowers, people shoveling, and snow plows. A MA auto accident attorney can help you recover damages if you’ve been injured due to another’s negligence.

Turn on headlights, even during the day.

Avoid the crowded areas, park away from the entrance.

Park in well-lit areas

Always wear your seatbelt, even in a parking lot.

About a quarter of all parking lot accidents involve a vehicle that is backing up. Fortunately, most of these accidents are easily preventable. Use your mirrors, never drive distracted, obey signs, drive slowly, and always wear your seatbelt. Doing so will dramatically reduce your risk of being seriously injured or killed in a parking lot accident. Continue reading

Americans suffer about two million concussions annually, according to the Centers for Disease Control (CDC). A concussion is a mild form of a traumatic brain injury (TBI) and is usually a “closed head” injury. What does that mean? Basically, concussions are most commonly caused by blunt trauma or a strong impact to the head, not penetration through the skull. When the brain bounces around in the head, it can become bruised. In some cases, internal bleeding may also occur.

Car accidents are one of the leading causes of concussions. In fact, more than 14 percent of concussions occur in motor vehicle accidents. You don’t have to experience direct impact to the head to suffer a concussion. In car accidents especially, the body may be violently jolted or shaken, causing the brain to slam against the inside of the skull. Concussion symptoms can take hours, days, or even weeks to appear. As such, it is crucial that you seek medical attention after a car accident or any type of blow to the head.

Are Concussions Dangerous?

Concussions can range from mild to severe, and the risk of long-term complications increases with the severity of the concussion. Concussions are evaluated using a grading system to determine severity. The different levels of concussion include:

Grade 1: No loss of consciousness. Amnesia occurs for less than 30 minutes, or not at all.

Grade 2: Unconscious for less than five minutes. Amnesia lasts less than 24 hours.

Grade 3: Unconscious for more than five minutes. Amnesia may continue for more than 24 hours.

Regardless of whether or not you lost consciousness, it is wise to visit the emergency department if you have suffered a head injury. This is especially true if your injury was accompanied by vomiting, loss of balance, or seizures. A common risk with concussion patients is something called Second Impact Syndrome, which occurs when the brain is re-injured before the first concussion injuries have healed. It is crucial to take it easy and avoid any type of impact to the head if you even suspect a mild concussion. Second Impact Syndrome can be fatal. A MA personal injury lawyer can help you determine how to proceed if you’ve suffered a concussion due to another’s negligence. Continue reading

Distracted driving is one of the biggest safety issues we face today. Distractions existed before the advent of smart phones and social media, they just weren’t as compelling. Eating while driving, changing the radio station, and talking to passengers are all forms of distraction, but they don’t elicit the same Pavlovian response as the constant dings of our cell phones.

According to the National Highway Safety Traffic Administration (NHTSA), in 2015, about 3,500 people died in accidents involving a distracted driver and nearly 400,000 were injured. Pedestrians are also at great risk of being injured or killed by a distracted driver. Kids walking to school in heavily-populated areas should be taught to use extreme caution when a vehicle is approaching. Teach your kids to never assume that the driver sees them. A Boston distracted driving attorney can help you determine how to proceed if another’s negligence has caused you harm.

Newer vehicles are being designed and manufactured with all kinds of technology intended to improve safety. Unfortunately, some of these features may wind up doing just the opposite. There is a general misconception that “hands free” devices are safer than their hand-held counterparts. For this reason, most newer vehicle models incorporate Bluetooth technology, which allows the driver to talk on the phone without taking his hands off the wheel. But engaging in hands-free conversation while traveling 70 miles per hour on the interstate can be just as deadly as holding a phone to your ear.

27 Seconds of Distraction

According to the Chicago Tribune, a recent study found that the average driver remains distracted for up to 27 seconds after sending a text or e-mail. Even though you ended the distracting activity, it may take this long for your mind to re-focus on the task at hand. This fact also sheds light on another problem – sending texts and emails while stopped at a red light or in heavy traffic. People often think this is a safe alternative to texting while driving, but study results show otherwise. Any task that takes the driver’s attention from the road creates a risk. Even a viewer console screen intended to improve the driving experience can be a distraction. A MA auto accident attorney can help you recover damages if you’ve been injured in an accident involving a distracted driver.

“Hands Free Does Not Mean Brain Free”

Distracted driving-related deaths and injuries continue to rise. Entertainment features, navigational systems, and technology that allows drivers to send emails and post on Facebook while driving are just a few of the new vehicle technologies contributing to this urgent problem. According to the AAA Foundation for Traffic Safety, hands free does not mean brain free. The agency, which recently funded a study on cognitive distraction while behind the wheel, suggests disabling entertainment features and other distractions while driving. For example, most smart phones now have a feature that prevents the device from sending any type of notification while the user is driving. Ultimately, it is the driver’s responsibility to avoid the temptation to check text messages and social media while driving. But utilizing a smart phone’s driving feature may help. Continue reading

We all know that texting and driving is dangerous, but what about texting and walking? In 2016, a total of 5,987 pedestrians were fatally injured in the United States, an increase of nine percent from the previous year. And research shows that this increase is at least partially due to smart phone use. On Wednesday, Honolulu will become the first major city to enact legislation aimed at solving this growing problem. The Hawaiian city’s new law will allow police to stop and fine pedestrians who are looking at their phones instead of paying attention to their surroundings.

When people text and walk, they have four times the risk of inadvertently engaging in another dangerous action, such as jaywalking. Initiatives to combat “cellphone zombies” are popping up around the world. Mumbai has no-selfie zones, small cities in the Netherlands and Germany have installed LED-illuminated crosswalks, and other cities are posting prominent warning signs. In response to Honolulu’s new law, several other cities and states are considering similar legislation.

Honolulu is the first major city to pass a walking-and-texting ban, but at least one smaller municipality actually got there first. Rexburg, Idaho adopted a citywide ban on distracted walking in 2011, after five pedestrians were killed in a short period of time.

“It was a shock to our system,” said Stephen Zollinger, the city attorney for Rexburg.

In response, pedestrians are prohibited from using hand-held devices while in Rexburg, unless they are talking on the phone. The small city hasn’t had a pedestrian fatality since the ban went into effect. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Are Safer Vehicles the Answer?

Not everyone is convinced that distracted walking legislation is the answer. Janette Sadik-Khan, former commissioner of New York City’s Department of Transportation, thinks such laws distract from more important issues, such as poor road design and driver speed. In addition, Sadik-Khan thinks that improved vehicle design could help. According to Deborah A.P. Herman, the National Safety Council’s president and chief executive, features such as softer bumpers can greatly reduce the severity of injuries in a pedestrian crash. Unfortunately, only 44 countries require that automobile manufacturers incorporate these safety features. Not surprisingly, the United States isn’t one of those countries. A MA injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

To some people, bans on walking and texting seem a bit like Big Brother. But keep in mind that this legislation isn’t the first traffic-related legislation to seem a bit intrusive. Laws enforcing seatbelt use, for example, were quite controversial initially. Time will tell if texting-and-walking bans have a measurable impact on pedestrian safety. In the meantime, if you have plans to visit Honolulu, don’t forget to put your smart phone away as you cross the street. And check back for updates on other U.S. cities. Boston may not be far behind. Continue reading

According to the National Highway Traffic Safety Administration (NHTSA), children’s car seats are commonly installed incorrectly. More often than not, actually. Thanks to research and advancements in technology, car seats get safer every year. But it seems that the safer they become, the more complicated they are to use, with a vast array of anchors, chest clips, tethers, and pages of confusing instructions. The NHTSA reports that 59 percent of car seats are installed improperly.

Pediatrician Benjamin Hoffman believes that percentage is much higher. According to Hoffman’s research, 95 percent of newborn seats are being misused. Rear-facing and forward-facing seats are also a problem, with an 80 percent rate of misuse. A MA injury lawyer can help you determine how to proceed if your child has been injured due to another’s negligence.

“If you give a test and 95 percent of the people taking it fail, you have to assume there’s something wrong with the test,” said Hoffman. “Car seats are hard to use and there’s a lot of factors that feed into that.”

The Right Seat for My Child

And the problems don’t only lie with the installation of the seats. Selecting the right seat for your child’s age, weight, and height can also be an issue. “Every kid is sized differently and every car seat is sized differently, so it can be difficult,” said AAA spokeswoman Beth Mosher.

Don’t let price fool you. “The least expensive car seat meets the same federal standards as more expensive car seats,” said Hoffman. The types, styles, and brands of car seats can be overwhelming. Fortunately, many retailers are flexible about allowing you to see if the seat works for you, and returning it if it does not.

Common Errors

Once you’ve purchased your seat, local police stations and AAA locations often provide inspections of car seats at no cost. The need for such a service is evidenced by attending any of the multiple car seat clinics offered around the country. During these inspections, the most common errors found include:

Switching to a front-facing seat before the child is ready.

Switching to a booster seat before the child is ready.

Improper use of hooks, tethers, and belts that lock the child’s seat to the car.

Failing to ensure that harnesses fit the child snugly.

Car accidents are the leading cause of death for children between the ages of one and 13. Many of these deaths can be prevented with a properly installed car seat. “It’s really important to continue to hammer on the industry that they need to help us protect everybody,” Hoffman said.

Is it Defective?

Sometimes the issue isn’t with the installation or use, but with the product itself. Millions of car seats have been recalled due to design flaws including flammable materials, and defective harness systems. Having your car seat inspected once you’ve installed it may help to detect any defective, broken, or missing parts. A Boston injury lawyer can help you recover damages if a defective car seat has caused harm to your child. Continue reading

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